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HomeMy WebLinkAboutMinutes - 19721128__.~ '7 ..~~ 5U~ This meeting was held for the purpose of meeting in joint session with the County Planning $oard to conduct a public hearing to consider amendments to the County Zoning Map and the County Zoning Ordinance. Chairman Bennett called the meeting to order and announced that this was the time and place of the duly advertised publio hearing. Chairman Sennett turned the chair over to Charles Johnston, Chairman of the County Planning _ Board, Mr. Johnston conducted the public hearing. For minutes of this public ~ hearing sea the Orange County Planning Board minute docket. At the conclusion of the public hearing Chairman Tohnston turned the chair l back to Chairman Bennett and Chairman Bennett then adjourned the meeting. = Harvey D. Bennett, Chairman S. I4. Cattis, Acting Clerk MINUTyS OF TAE ORAIdG~ COUNTY BOARD OF CCMNL~CSSIDTTERRS November 28, 1972 The Board of Commissioners of Orange County met in the District Courtroom of the Courthouse in F_illsborough on Tuesday, November 28, 1972, at 7:30 o~clock P. M. Members Present: Chairman Harney D. Bennett and Commissioners Glilliam C. Ray, Henry S. ~rlalker, Ira A. Ward and C. Norman Walker, Members Absent: None Chairman Bennett stated the Board of Commissioners would consider the appeals of the tax assessment of W, L, Turner, owner of the Aarea of New Hope Subdivision. Mr, Turner had based his appeal on the fact it was unreasonable to change the assessment basis of the lots in his subdivision from an aoreage method to an individual lot method. The Tax Supervisor stated that he recommended the assessment be left on a per lot basis, Discussion ensued. Upon motion of Commissioner Ira A. Ward, seconded by Commissioner Henry S. Y7a1?ser, it was moved and adopted, that the tax assessment of 'rl. L. Turner, owner of Acres of PTew Hope Subdivision, be assessed on a per lot basis. Chairmen Bennett stated the Board of Commissioners would consider the appeals of the tax assessment of Joe Me.thewa, owner of I3i11s of *Iew Hope Subdivision. Mr. T4athews had based his appeal on the fact it waa unreasonable to change the assessment basis of the Iota in his subdivision from an acreage Method to an individual lot method, Tha Tax Supervisor stated he recommended the assessment be left on a per lot basis. Discussion ensued. Upon motion of Commissioner Ira A, Ward, seconded by Commissioner Henry' S. iJalker, it was moved and adopted, that the tax assessment of Jos bathews, owner of Hills of New Hope Subdivision, be assessed on a per lot basis. Chairman Bennett stated the Board would consider the appeal of R. S. Lloyd on the R. 5. Lloyd Subdivision. The Tax Supervisor reported to the Board that he recommended assessment of the `~ lots under consideration. The Board stated that it felt these assessments were too r3gh as no consideration was being given to the lots Mr. Lloyd owned on undeveloped streets. The Tax Supervisor was directed to allow an additional ten percent (10~) depreciation on those lots on the undeveloped streets. .~_.~ . ~ .,~_ 505 ~__- The 3oard directed the County Administrator to consult the County Attorney ' regarding the modification of an agreement with the engineering firm of Roae, Pridgen and Freeman. The Board desires to include, in this agreement, only those services relating to the Sdentifying and acquiring the land necessary for the Seven ?4ile Creek Reservoir. ~'. •• - The County Administrator was directed to have the County Attorney arrange for the signing of the Landfill Agreement between Orange County and the Town of Chanel Hi11 and the Town of Carrboro at the earliest possible time. ,_ upon motion of Commissioner Tra A, Ward, seconded by Commissioner Henry S. Walker, it was moved and adopted, that the Ar_nual Budget Resolution be amended by anticipating as additional revenue to the County X90,000.00 from the'Federal Government derived from the Revenue Sharing Act and also as a part of this resolution the sum of X90,000.00 be added to the appropriation - portion of the County Hudget under the Landfill line item. There being no further business to come before the Board the meeting was adjourned. Harvey ~. Bennett, Chairman S. M. Gatos, Acting Clerk LANDFILL AGP.EEMENT $ETW~N THE TOWN .OF CHAPEL HSLL, THE TOWN OF CARRBORO A2dD COIINTY OF ORANGE TH25 AGREEMENT, made and entered into thin the 30th day of November, ' ~- 1972, by and between the Tpwn of Chapel Hill, a Muniaipal Corporation, 17ere- inafter celled "Chapel Hill", and the Town of Carrbora, a Municipal Corpor- a non, hereinafter aalled "Carrboro", and the County of prangs, hereinafter called "Orange Cauntq"; I W I T N E S SET H j THAT WHEREAS, the Parties hereto have agreed upon the acquisition end operation of a solid waste disppsal fecilitq to be operated at present ea a sanitary landfill, and ' WHEREAS, the Parties have agreed upon the division of the capital costa for said facility, and the ownership of the land upon which same is to be located, and WHEREAS, the Parties have further agreed upon the operational costa and - the manner of operation, and W13EREAS, the Parties hereto in consideration of the covenants and con- . ditions hereinafter aetforth, desire to reduce their agreement to writing. NOW, THEREFORE, in consideration of the mutual covenants and agree- manta hereinafter aetforth, the Parties dv covenant end agree, each with the other as follows: 1. Ownarah~. The parties having agreed upon the sharing of the land costa and the coat necessary,to open the faaility for use as a landfill, ea hereinafter aetforth, it is understood and agreed that by appropriate deed or other instruments ownership of the land shall be held jointly sa tenants in common, but without the right to request division in the following percentages: Chapel Hi11 lE3~ Orange County 43% Carrboro 11}~ 2. Coate. Costa of said faaility shall be divided in the percentages above aetforth which aorta shall include: a. Capital Costa. Capital costa shall include the purchase prise of the land including that which is currently owned by the Town of Chapel Hill by deed from R. G. Hancock as well as that under option and contract by and between Chapel Hill and R. G. Hancock, and all oosta necessary for opening the landfill. The coats for opening tka landfill include but shall not be limited to the costa of aonatruction of the entrance road, clearing for the first years use, fence end gate required for Phase Z operations, purchase and construction of scales, engineering and legal costs, costs of construction oP the first garbage trench end trash trench, drainage required for the first year of operation, the purchase of traotora and other equipment during the first eighteen (18) months of operation. b. Oa~erating Costa. Operating costa shall include but shall not be limited to operating personnel at the fill, clearing, trenching and covering, and other such operations. Subsequent to the digging of the original trenches, the rental of equip ment, purchase of equipment after first eighteen (18) months, supervision, policing of the area, and Road 1727, recording keeping and billing and accounting required by the operations of said facility. 3. Service. The facility shall be available to all residents of Crange County and that part of purham County within the corporate limits of the Town of Chapel Hill. !~. Operation. The landfill shall be operated by Chapel Hill in accordance with standards of the North Carolina Board oP Health. A record of all material delivered to the facility shall be kept end the appropriate charges made, a complete record of operation, expenses and revenue, shall be kept and an annual report made to eacq party. 5. Fees. A Pee aohedule approved by ell the Parties shall be adopted. The schedule must meet the following minimum ariteris: e. Fees shall be uniform to ell users; b. The Ease shall be auPPi0lent to (1) meet all operating costa, (2) provide for a reserve for the purchase of equipment and expansion of the faoility es needed; ---•{ '~ -'~- 50s c. Annual paggmmeenta to this account shall not.be less than $15,000.00 until a reserve of X75,000.00 hea._been accumulated; d. Provid a reserve for capital costs oP a new site when the present facility is used up. or ~v provide a reserve to change to another form of waste:diapvsal in the event one should become praaticel. Annual payments to this fund shall be $10,000.00 per year aFter the first year. e. No revenue from use of operations of the Fill shall be used except as setforth here- in; f. The reserve account shall be invested in accordance with the regulations of the local government commission. Interest paid on any reserve account shall be retained in that aaaount. 6,.Permitted Uaes. The Facility shall be used for the disposal of garbage and other solid household, business, and commercial waste, disposal oP trash including brush, trees, stumps, demolition material, waste building material, discarded Furniture, appliances, and other solid waste products of a similar nature. Temporary storage oP ju•nked automobiles pending removal for reuse of the materiels con- tained therein shell be permitted at the Facility provided that such cars will be stored in a separate cleared and fenced area until a aufPiaient number have been accumulated to economically juatiPy their removal. 7. Reclamation. s, Good reclamation praaticel shall be observed in treating ax~y portion oP the land that has been Filled. Grass will be planted as soon ea practical to reduce problems dust and erosion. Within a reascnable period of time following completion of a section of the fill, pine trees will be set out as an additional ground cover. b. Land shall be cleared in advanne of any fi111ng operations only as needed: When i an area is cleared trees shall be:sold for limber or pulp wood if possible, and any pro- coeds therefrom credited to the~_operations account. Good Forestry practices shall be followed with regard to the remaining portions of the tract of land acquired for use for such facility, which shall allow sale of timber or pulp wood when beneficial. Consider- ation shall be given to possible future uses oP this property as a park and recreational area, and preservation of trees which will enhance the possibility of this use. Ar~q revenue from sale oP trees shall be planed in the landfill aaaount. 8. Other Intermediate Uaea. By agreement of Chapel Hill, Carrboro, and Orange County, other uses of portions of the property may be allowed, subject to the Following conditions: e. Such use must~b®::a.publia:.uae;; b. Suoh use shall not interfere with the:purpoaes oP the property of disposal of solid waste; c. Suoh use shall not unnecessar$.ly disturb the surrounding property awnera. g. Disposition of Land. It is agreed that the desirable Future use oP the property sub- ject tv this agreement, at such time as it is no longer needed Por solid waste disposal Facility, is for park and recreational purposes. However, should conditions at that time be such as to make this use undesirable, the land may by unanimous action of the parties hereto be disposed of in some other manner. 10. Modifioation. The terms of this Agreement may be modified only by the unanimbus..agree- men~ties hereto. IN WITNESS W~REOF, the Parties havehereunto caused this Agreement to be executed in their respective names by their appropriate officers and their official seals attadlaed, all by order of their respective governmental bodies. ATTEST: TOWN OF CEAPEL HILL David B. Roberts, Town Clerk By: /s/ Howard Lee Mayor ATTEST: TOWN OF CARRBORO Philrip Whitaker, Town Clerk By: /s/ Robert J. We11s, Jr., Mayor ATTEST: COUNT7C OF ORANGE Betty June Hayes, Clerk By: /s/ H. D. Bennett, Cbsirman to Board of Commiasionera